Competent Authorities supervising law and regulations rely on the reporting of Undertakings, and the accuracy and honesty of such reporting. Competent Authorities take comfort from effectively structured organisational reporting hierarchies, including Whistleblower reporting; together with the associated documented response procedures. On an on-going basis, Competent Authorities have a keen interest in the nature of reports received by an Undertaking as well as how they are responded to, including the content and timeliness of any information shared by the Undertaking with the Competent Authorities. This aforementioned content can be subject to retrospective scrutiny by a Component Authority in a variety of circumstances.
Navigate the tabs to explore and compare the Competent Authorities' rights and obligations towards the respective entities.
Obligation to establish external Reporting Channels, which:
Obligation to implement procedures, which provide:
The interactive diagram below sets out how a Whistleblower, Undertaking and Component Authority interact with each other. We encourage you to explore the accessible content and get in touch with our experts Susanne Hofmann and Gianfranco Mautone to continue this conversation in more depth.
The EU Directive requires that Undertakings with more than 50 employees and all Undertakings operating in regulated industries establish a Whistleblowing reporting framework. Undertakings have obligations to Whistleblowers and the Competent Authority. The Swiss proposal refers to “Employers” rather than Undertakings.
The EU Directive places additional obligations on Competent Authorities in respect of training, reporting and engagement with Undertakings.
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